The "Chief Bradley Haas Mental Health Firearms Reporting Act" introduces significant amendments to New Hampshire's firearms laws, specifically RSA 159-D:1, by incorporating a mental health record check into the firearms sale process. The bill establishes a new chapter, RSA 159-G, which enables the New Hampshire judicial branch and the department of safety to report individuals disqualified from firearm possession due to mental health adjudications to the National Instant Criminal Background Check System (NICS). This includes cases where individuals are found not guilty by reason of insanity or are involuntarily committed to a mental health facility. Additionally, the bill outlines procedures for individuals to voluntarily surrender firearms following certain mental health-related court proceedings.

Furthermore, the bill creates a new chapter, RSA 159-H, allowing individuals who have been involuntarily committed or found not guilty by reason of insanity to petition for a review of their mental capacity to possess firearms after a specified period. The court is mandated to hold a hearing within 60 days of receiving a petition and may order a psychiatric evaluation. The bill also includes provisions for the confidentiality of reported information and stipulates that the court must consider only mental health adjudications that occurred in New Hampshire. If the court determines that the petitioner does not pose a danger to public safety, it may grant relief and request the removal of the petitioner’s record from NICS. The bill also allows for a re-petition after two years if initially denied and repeals a previous statute related to NICS submissions, with an appropriation of $1 for independent psychiatric evaluations in FY 2025. The bill will take effect only after federal approval is secured.

Statutes affected:
Introduced: 159-D:1, 126-AA:2
As Amended by the House: 159-D:1, 126-AA:2